IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
RESPONSE TO OFFICE ACTION
Applicant responds to the Office Action identified above as follows.
Mark: MINNOW WELLNESS Serial No.: 99315755 Office Action of: 2026-02-10 (FREF20260210083802)
Response to Specimen Refusal
Applicant responds to the refusal of registration under Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127, and 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a), on the ground that the specimen of record does not show the mark as it appears in the drawing. See TMEP §§904, 904.07(a), 1301.04(g)(i). Applicant elects the second response option identified in the Office Action and submits herewith a verified substitute specimen. See 37 C.F.R. §2.59; TMEP §904.05.
The substitute specimen shows the mark exactly as depicted in the drawing of record — the design with the wording "MINNOW WELLNESS" below the design — in actual use in commerce in connection with the services identified in International Class 044. [APPLICANT TO CONFIRM: description of the substitute specimen being submitted, e.g., advertising or marketing material, a photograph of business signage, or other material showing the mark in the sale, rendering, or advertising of the services; if a webpage printout or screenshot, it must include the URL and the date accessed or printed. See 37 C.F.R. §2.56(b)(1), (c); TMEP §1301.04(a), (h)(iv)(C).] The substitute specimen shows a direct association between the mark and the identified services, satisfying 37 C.F.R. §2.56(b)(1) and TMEP §1301.04(a). Because the mark in the drawing is a substantially exact representation of the mark as it appears on the substitute specimen, the substitute specimen resolves the ground of refusal. See 37 C.F.R. §2.51(a); TMEP §807.12(a).
In support of the substitute specimen, applicant submits the following statement, verified in accordance with 37 C.F.R. §§2.20 and 2.59(a): "The substitute specimen was in use in commerce at least as early as the filing date of the application."
The Office Action confirms that the disclaimer requirement has been satisfied and that the specimen refusal is the sole issue made final. Because the verified substitute specimen fully resolves that refusal, applicant respectfully requests that the refusal be withdrawn and the application be approved.
- [APPLICANT TO CONFIRM — alternative cure: if no specimen showing the mark as drawn was in use in commerce at least as early as the application filing date, applicant should instead amend the filing basis to Section 1(b), 15 U.S.C. §1051(b) (intent to use), which removes the specimen requirement at this stage; registration would then issue only after an acceptable specimen is filed with a statement of use. See 37 C.F.R. §2.35(b)(1); TMEP §806.03(c). Counsel should confirm which cure applies before filing.]
Drawing and Specimen Do Not Match — Strategy Outline (Not Automated)
The Office Action requires that the mark on the drawing and the mark on the specimen match (TMEP §807.12; 37 C.F.R. §2.51).
Standard strategic options on such a requirement: - If the Office Action states the difference is not a material alteration, submit an amended drawing conforming to the mark as actually used on the specimen. - Submit a substitute specimen showing use of the mark exactly as it appears in the current drawing, with the required verified statement. - Amend the filing basis to Section 1(b) (intent to use) and defer the specimen to the statement-of-use stage. The right cure depends on which version of the mark applicant actually uses — an applicant-specific fact.
Drafting for this refusal type is not automated yet. The outline above identifies the issue and the standard strategic options; the substantive response must be prepared by the reviewing attorney.
Disclaimer Requirement Satisfied — Additional Issue Flagged (Not Automated)
The Office Action also raises the following issue: Disclaimer Requirement Satisfied.
Office Action passage: "The disclaimer requirement has been satisfied"
Strategy outline (suggested by the automated cross-check; verify before relying on it): - No further action required on the disclaimer - Note the satisfaction in the response to confirm the only outstanding issue is the specimen refusal
This issue was flagged by an automated LLM cross-check of the Office Action text; the deterministic issue detector did not classify it. Drafting for it is not automated. Verify the issue against the Office Action and prepare the substantive response manually.
Conclusion
For the foregoing reasons, applicant respectfully requests that the refusal(s) be withdrawn, the requirement(s) be deemed satisfied, and the application be approved for publication.
Respectfully submitted, [ATTORNEY NAME] [FIRM] [DATE] Attorney for Applicant